A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S. is in an endless war with Al Qaeda, the Taliban and similar groups, the White House argues in a legislative position paper obtained by POLITICO.

The aggressively-worded White House memorandum circulated on Capitol Hill blasts a defense bill backed by the House GOP as an unprecedented effort to “micromanage” the handling of war on terror captives and argues the measure would harm national security.

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“Never before has the Congress sought to so limit and micromanage the military and other elements of our national security community in matters as basic as a detainee transfer; congressional limits like these are a misguided setback to national security, because they take away options to address a continuing and evolving threat,” the White House said in the paper.

Most of the detainee and war on terror provisions were crafted by House Armed Services Committee Chairman Buck McKeon (R-Calif.). However, the bill became even more assertive on the House floor, after an amendment was adopted by Rep. Vern Buchanan (R-Fla.) aimed at requiring all terrorism suspects to be tried in military tribunals.

McKeon contends the language simply reaffirms the use-of-force authorization and adopts a definition of who may be held prisoner that was advanced by the Obama administration in court. Critics say the provision could authorize an “endless war” and give the president the green light to attack any country that contains even a small number of Al Qaeda members or supporters.

“Legislative efforts to update these authorities, however well intentioned they may be, would change horses midstream with no discernible benefits, and would risk both inviting waves of new litigation and sending mixed messages,” the White House said in the memo. “Now is not the right time to reconfigure a legal framework which, generally speaking, has been approved by the judiciary.”

The White House also took aim at claims that the bill simply restates current law. “The proposed language does not simply confirm the President’s existing authorities based on the 2001 AUMF. Rather, it seeks to update those authorities, and could be interpreted by the courts as an effort to override current relevant domestic and international law,” the White House position paper says. “The proposed language could unsettle rather than clarify the law.”

Readers' Comments (14)

shocking! after 8yrs of playing poodle to bush cheney policies, signing statements and ineptitude, republicans have found new love for limiting, challenging and possibly entering constitutional arguments over the power of the executive. who could ever forget the silence from congressional republicans when cheney asserted immunity exemption from Executive Orders, that they did not apply to him as he was not amember of the executive branch. this came about over a regular audit of classified material documents held in a man safe in his office? of course cheney had no issue with the bush EO giving him the same level of access as the president- a first in history, but when it came time to audit those documents in his safe- he claims immunity from EOs. of then there's the fire in his office at the old executive building that no one knows to date what documents were "destroyed" in that fire...

BHO thinks he was elected King, not President. That is why he blasts the Republcians and anyone else. When BOH had his cap-n-trade legislation defeated, he sought to implement it with regulations. Same with many other programs. Obama ignored the courts, and he ignored the Congress on multiple occasions.

BHO thinks he was elected King, not President. That is why he blasts the Republcians and anyone else. When BOH had his cap-n-trade legislation defeated, he sought to implement it with regulations. Same with many other programs. Obama ignored the courts, and he ignored the Congress on multiple occasions.

BHO thinks he was elected King, not President. That is why he blasts the Republcians and anyone else. When BOH had his cap-n-trade legislation defeated, he sought to implement it with regulations. Same with many other programs. Obama ignored the courts, and he ignored the Congress on multiple occasions.

I notice you didn't think President Cheney and his 'mask' George Bush needed these restrictions in place? Bush broke the Constitution way many more times than Obama would ever consider!

You can argue taht if you wish. However, Bush DID go to the Congress and seek approval for using military forces in a foreign military confrontation. Obama refuses to do likewise.

You can argue taht if you wish. However, Bush DID go to the Congress and seek approval for using military forces in a foreign military confrontation. Obama refuses to do likewise.

The radical Dems' strategy to misdirect the focus away from Obama's failure to comply with the law is so entertaining. It's not working, but it's amusing to watch them try! I used the word "radical," because most of the Dems are not with Obama on this one. Some are even calling for impeachment!

Senate Republicans are looking strong going into the 2012 election, poised to pick up enough states to create a four-seat majority and possibly a filibuster-proof lead if the eventual GOP presidential nominee routs President Obama, according to party leaders and a new election analysis.

"Barring an unexpected reelection landslide by President Obama, Republicans are at least slightly favored to take the Senate. It's just a basic matter of numbers," says Larry Sabato, the University of Virginia political analyst, in a new report.

He predicts that Republicans are likely to win Republican Senate seats in North Dakota, Missouri, Montana, and Nebraska. He also sees chances for the GOP to take seats in Virginia, New Mexico and Wisconsin. A sweep would give the Republicans 54 Senate seats and make Sen. Mitch McConnell the majority leader.

And in jarring news for the Democrats, he said that the GOP can "compete" and possibly take Democratic-held seats in Florida, Ohio, Michigan, Pennsylvania, New Jersey, Connecticut, West Virginia, and Hawaii. Additional victories in six of those would give the GOP a filibuster-proof 60-seat super majority that would effectively ice President Obama's agenda, if he's reelected, or greatly boost a GOP president.

Some of his predictions jive with McConnell's, who sees Republican pickups in Democratic-held seats in North Dakota, Montana, Nebraska, Missouri and Virginia and open seats in New Mexico and Wisconsin.

For the GOP to do better, Obama would have to be routed and Sabato has a measurement of how that could happen. "Over the past three decades, nearly three of every five truly competitive Senate races, decided by 53% to 47% or less, went the way of the presidential election winner in each state. That proportion may be as high or higher in 2012." In other words, he said, presidential coattails will matter in 2012.

President Obama: You don't have to remember them all, but you ought to remember the one whose parents you brought into the Oval Office to award a posthumous Medal Of Honor, and got a photo-op.

During his remarks to troops at Fort Drum today, the President was reminiscing about the times he has spent with the US Army's 10th Mountain Division, when he got something wrong.

"Throughout my service, first as a senator and then as a presidential candidate and then as a President, I’ve always run into you guys. And for some reason it’s always in some rough spots.

First time I saw 10th Mountain Division, you guys were in southern Iraq. When I went back to visit Afghanistan, you guys were the first ones there. I had the great honor of seeing some of you because a comrade of yours, Jared Monti, was the first person who I was able to award the Medal of Honor to who actually came back and wasn’t receiving it posthumously."

The problem is, Jared Monti was killed in action in Afghanistan, on June 21, 2006. He was awarded the Medal of Honor posthumously, September 17, 2009. President Obama handed the framed medal to his parents, Paul and Janet Monti. He and the First Lady comforted them in the Oval Office following the ceremony. - CBN - Now a Fox Headline.